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Lease Hold Law.
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Lease Hold Law.
Does anyone have any knowledge of English Freehold and Leasehold Law, please?
I am having yet more trouble with my Leaseholders who will pull any trick in the book to avoid paying what they owe, and since my Ground Rent amounts to a total of £250 a year, I am not in a position to pay for anything I don't have to.
This is to do with the maintainance of a Communal Garden and Communal Walkways and the Road, in a Private Terrace.
Help urgently needed before I have another nervous breakdown.
Sabot- Slayer of scums
- Location : Bretagne
Join date : 2011-06-24
Age : 84
Re: Lease Hold Law.
I have none at all, Sabot - hopefully, someone else will.
bb1- Slayer of scums
- Location : watcher on the wall
Join date : 2011-06-24
Re: Lease Hold Law.
Not exactly my sphere of knowledge, but I do know that freehold means you own outright the property, and leasehold means you rent or lease the property from the owner. I assume you have some kind of rental agreement with your leaseholders in which upkeep is listed? Have a look at this site, it may be of some help. LL
http://www.buyassociation.co.uk/homes/understanding-freehold-and-leasehold.html
http://www.buyassociation.co.uk/homes/understanding-freehold-and-leasehold.html
Lamplighter- Slayer of scums
- Location : I am the Judge, Jury and Executioner
Join date : 2011-06-24
Age : 84
Re: Lease Hold Law.
Lamplighter wrote:Not exactly my sphere of knowledge, but I do know that freehold means you own outright the property, and leasehold means you rent or lease the property from the owner. I assume you have some kind of rental agreement with your leaseholders in which upkeep is listed? Have a look at this site, it may be of some help. LL
http://www.buyassociation.co.uk/homes/understanding-freehold-and-leasehold.html
Thanks All, for your interest.
Yes, The upkeep including maintaining the section of Front Garden in front of the property is included in The Lease, as is the maintainance of The Pavement which is also a Right of Way, and or Easement for the rest of the Terrace. This is all itemised in The Lease.
But some arsehole is trying to tell me that the responsibility of my Leaseholders stops at the front door.
He is also rabbiting on about some of the other house owners having adopted the land in front of their houses, and according to The Land Registry, I haven't. Although exactly how you go about adopting land that you already own, I really do not know as I have never been informed of any of this.
Basically, a tree on my section of the land has to come down, at a cost of £800 plus VAT, and this man is refusing to pay his portion, as are all the other Leaseholders, no doubt on his instructions.
So I somehow have to produce evidence that what it says in The Lease is Legally binding. And short of employing a Solicitor which I can't afford, I have to look elsewhere for proof.
I do have a Managing Agent, but they have only recently taken over and are as much in the dark as I am.
The immediate problem is The Insurance because they could fail to pay out if any damage is caused by this tree, which could be deemed to be my fault as I now know about it.
Personally, I think he is trying it on, but that won't do as a Legal Argument in the event of damage or loss of life.
Obviously there is much more to it, but all in my favour, and too convoluted to explain unless a direct question is asked of me.
I will look at that Site, LL, and thanks. But to me it is two simple questions. Is The Lease legally binding? And if I haven't "Adopted" this land, does it still belong to me?
If it no longer belongs to me then no problem as the tree is not my responsibility anyway. But I do fail to see how this can have happened without my knowledge. And why would my solicitor who drew up The Lease, have included these things in The Lease if the land wasn't mine. Or the responsibility of The Leaseholders stopped at the front door.
Seriously stressed because I might have to fork out in the region of £1,000, and then fight The Leaseholders to get it back.
Sabot- Slayer of scums
- Location : Bretagne
Join date : 2011-06-24
Age : 84
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